S.L. 65.22 Art. 2Definitions.

In these regulations, unless the context otherwise requires:

''activities'' means the transport of dangerous goods by road and 2005; shall include any necessary loading, mixed loading and unloading; 2007; 2009; ''ADR" means the European Agreement concerning the 2018; International Carriage of Dangerous Goods by Road, concluded at 2019; Geneva on the 30th September 1957, as amended, and has the same 2021; 2023; meaning and interpretation given to it by Directive 2008/68/EC, as 2025. amended;

''Annex A and Annex B to the ADR'' means the annexes to the ADR, as applicable from from 1st January 2025, it being understood that ''contracting party'' is substituted by ''Member State'' as appropriate.' ''authorisation'' means any authorisation in any form issued by the competent authority in terms and for the purposes of these regulations; ''check'' means any check, control, inspection, verification or formality carried out by the competent authorities for reasons of safety inherent in the transport of dangerous goods; ''Community'' means the European Community; ''Commission'' means the Commission of the European Union; ''competent authority'' means the Authority for Transport in Malta as established under the Authority for Transport in Malta Act; ''dangerous goods'' means those substances and articles the transport of which by road is prohibited or authorized only in certain circumstances by Annex A and Annex B to the ADR;

''DGSA certificate'' means the Dangerous Goods Safety Adviser vocational training certificate issued in accordance with the model given in the Fifth Schedule; ''examination body'' means any body designated by the competent authority to hold examinations; ''enforcement action'' means any disciplinary, administrative or penal measures, sanctions or penalties which may be imposed by the competent authority on any defaulting vehicles or persons, as may be prescribed from time to time;

''existing vehicle'' means a vehicle which is intended for the carriage of explosives or a vehicle which is intended for the carriage of dangerous goods in a tank and which was already registered with the Authority for Transport in Malta for that purpose before the 1st May, 2004

''international transport'' means transport between two or more State Parties, including transport to or from Malta;

''Malta'' has the same meaning as is assigned to it in article 124 of the Constitution of Malta;

''MEGC'' means multiple element gas container; ''public highway'' means national, arterial, distributor, access and local access roads; ''safety adviser for the transport of dangerous goods'', hereinafter referred to as ''adviser'', means any person appointed by the head of an undertaking whose role is to carry out the tasks and fulfil the functions defined in regulation 16 and who holds the training certificate provided for in regulation 17; ''State Party'' means a State which is Party to the ADR; ''third country'' means any country not being a State Party;

''transport'' means any road transport operation performed by a vehicle wholly or partly on public roads within the territory of Malta or of a State Party, including the activity of loading, mixed loading, unloading and handling, covered by Annex A and Annex B to the ADR, without prejudice to any arrangements laid down by the laws of Malta or of the State Parties concerning liability in respect of such operations. It shall not include transport wholly performed within the perimeter of an enclosed area;

''transportable pressure equipment'' means any receptacles and tanks, including demountable tanks, tank wagons, cylinders, tubes, and pressure drums, used for the transport of gases or other dangerous substances; ''undertaking'' means any natural or legal person, whether or not profit-seeking, any association or group of persons without legal personality, whether or not profit-seeking, and any body coming under a public authority, whether itself possessing legal personality or dependent on an authority having such personality, which carry, load, unload or handle dangerous goods or cause them to be carried and those which temporarily store, collect, package or take delivery of such goods as part of a transport operation and are located in the territory of Malta or the Community;

''vehicle'' means any motor vehicle which is intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h, and any trailer, with the exception of vehicles which run on rails, mobile machinery and agricultural and forestry tractors that do not travel at a speed exceeding 40 km/h when transporting dangerous goods.